If you meet certain standards, you may be able to have your California arrest record sealed.
Every day, people across the country and in California are falsely arrested. Their cases may be resolved in a number of ways. Perhaps they were never charged with a crime, or ultimately had their charges dismissed. They may have gone to trial and been found not guilty. Or even more tragically, they may have been charged and pled guilty or been found guilty at trial.
For Californians who have been falsely arrested and have not been found guilty of a crime, you may be eligible to have your arrest record sealed if you meet certain criteria. As a criminal defense attorney in San Bernardino, CA can tell you, arrest records can be sealed if (1) you were arrested but not charged with a crime; (2) you were charged with a crime but the charges were dismissed; or (3) you were acquitted of a crime in a jury trial. If you have been convicted as a result of your arrest, then you are not eligible for having your arrest record sealed — even if the conviction was later dismissed.
If you succeed in having your arrest record sealed, then all evidence that you were arrested — from the police report to the fingerprints to the booking photos — will be destroyed. These records will not show up on a criminal background check, and you will be able to legally answer no if you are asked if you have ever been arrested.
The first step in the process is having your attorney petition the law enforcement agency to seal the records themselves. If they agree that you were factually innocent, then they will seal the arrest record for a period of three years, and then destroy it. If they do not agree, then your criminal defense attorney in San Bernardino, CA will have to petition the court to seal the arrest record.
Importantly, if you have been falsely arrested on more than one occasion, then you must request that your arrest record be sealed for each and every record. A criminal defense attorney in San Bernardino, CA can file a separate motion for each arrest record that needs to be sealed.
Motions to seal your California arrest record must be made within two years of the later of the date of your arrest or the filing of the accusatory pleading. However, a judge does have the discretion to hear motions to seal arrest records beyond this time frame if you can show good cause. Consult with a criminal defense attorney in San Bernardino, CA to determine if you may be eligible for having your arrest record sealed.
If you have been falsely arrested for a crime, the Chambers Law Firm can help. Contact us at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can help you.
